COGA 'disappointed' with Longmont council's move

By Tony Kindelspire

Times-Call staff writer

Posted:
08/27/2014 05:07:00 PM MDT

Updated:
08/27/2014 05:14:39 PM MDT

Tom Moore, at center, raises his hands agreeing with a speaker opposing the recent ruling on fracking in Longmont during a city council meeting on Tuesday at the Longmont Civic Center in Longmont. The city council voted unanimously to appeal Boulder County District Court Judge D.D. Mallard's ruling that said Longmont had no right to ban fracking within its city limits. (Jeremy Papasso / Daily Camera)

The Colorado Oil & Gas Association weighed in Wednesday afternoon on the Longmont City Council's decision Tuesday night to continue to appeal a court ruling that would negate a ban on fracking within the Longmont city limits, a ban put in place by Longmont voters in 2012.

"Longmont City Council's decision to appeal a district court's summary judgment dismissal of the fracking ban ... is disappointing and, unfortunately, prolongs the legal fight we would prefer be behind us," read the statement by COGA president Tisha Schuller. "When a sitting legislative body chooses to flout, instead of respect, state law it wastes taxpayer and civic resources that instead could be devoted to engaging and meaningful work on responsible energy development.

"The Longmont City Council continues to imply that decades of established law on regulating oil and gas operations somehow doesn't apply to them, and that court decisions upholding that law are out of bounds. In fact, two separate district courts have stated clearly that local bans on hydraulic fracturing are unlawful.

"COGA commends the more than 30 communities that have engaged sound leadership where, regardless of their feelings or positions on fracking regulations, elected representatives respect the law as it exists and work collaboratively with all stakeholders to find meaningful solutions. This important work is where COGA is focusing its attention, and we look forward to a time when these resolved lawsuits can be put behind us all."

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The Longmont City Council voted 7-0 to appeal a July ruling by Boulder District Judge D.D. Mallard that struck down the city's ban on hydraulic fracturing, or fracking, within its city limits.

Mallard, who immediately stayed her ruling pending Longmont's decision to appeal or not, stated in her decision that the city's charter amendment, put in place by 60 percent of voters in 2012, conflicted with the state's regulations and its interests in oil and gas development.

Shortly after voters passed the ban COGA filed its lawsuit, later being joined by the Colorado Oil and Gas Conservation Commission and TOP Operating, which is the primary oil and gas developer in Longmont.

The city council itself spent very little time at the council meeting discussing its vote, although it did spend time in executive session before the meeting discussing both the COGA lawsuit and a second one filed by the COGCC over Longmont's oil and gas regulations put in place by the city council the same year that residents voted to ban fracking altogether.

The two lawsuits are separate, and the COGCC has told Longmont it intends not to pursue the suit over the city's regs.

In their presentation to the city council in advance of its unanimous vote Tuesday night, assistant city attorney Dan Kramer and outside counsel Phillip Barber outlined some of the points they had argued before Mallard, specifically that Article 16, as Longmont's charter amendment is known, was not in conflict with state regulations and that other than requiring operators to give 48 hours notice of their intent to frack a well and the requirement they disclose what chemicals are being used in the process, "We felt that the evidence showed that the state does not regulate fracking," Barber told council.

Longmont will appeal to the Colorado Court of Appeals and, council has vowed if need be, to the Colorado Supreme Court. If successful in its appeal then the city could find itself in a full-on trial back in District Court.